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High Court of Punjab and Haryana · body

2025 DAILYLAW 23689 (PNJ)

AVTAR SINGH v. BHUPINDER PAL SINGH

CRM-A/1640/2015 · 2025-09-22

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 222 CRM-A-1640-MA-2015 (O&M) Date of decision: 22.09.2025 Avtar Singh ...Appellant(s) VERSUS Bhupinder Pal Singh ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. J.P. Rana, Advocate for the appellant(s). ***** VINOD S. BHARDWAJ, J. (Oral) CRM-32085-2015 Prayer in the application is for condonation of delay of 237 days in filing the accompanying appeal. For the reasons mentioned in the application, the same is allowed and delay of 237 days in filing the accompanying appeal is condoned. Main case: The present application/appeal has been preferred seeking grant of leave to appeal against the judgment of acquittal dated 27.10.2014 passed by the learned Judicial Magistrate 1st Class, Ropar, in a case stemming from complaint dated 22.10.2009 filed under Section 138 of Negotiable Instruments Act, 1881. 2. The complaint (supra) was filed on the ground of dishonour of cheque of Rs.5,25,000/-. After assessing all the material available on the MANGAL SINGH 2025.09.24 10:38 I am the author of this document 2 222 CRM-A-1640-MA-2015 (O&M) record, the learned trial Court acquitted the respondent(s) vide judgment dated 27.10.2014. 3. Learned counsel for the appellant(s) fairly submits that in view of the judgment of the Hon’ble Supreme Court passed in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application/appeal seeking leave to appeal is remanded to the learned Sessions Judge, Ropar with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Ropar forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) 22.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.24 10:38 I am the author of this document